For Capable Local Institutions
Uphold Self-Governance's Spirit

THE LOCAL Self-Governance Act has come into operation. However, several provisions of the Act are yet to be implemented or operationalised. The implementation of the Act is constrained due to several overlapping sectoral legislations that prevail over it.

Key Problem

The prevalance of the sectoral legislations infringing upon the Local Self Governance Act has been considered as one of the key problems jeopardising its implementation. Local bodies have raised voices for the immediate measures to bring about amendments in the major sectoral and functional laws to establish a semblance of harmonisation with the provisions of the Local Self Governance Act.

Though some initiatives are underway towards that end under aegis of the Association of the District Development Committees (ADDC/N), they are not going to make any significant dents in the process. It seems that the government is hesitant to spearhead the move regarding the amendment of the core laws to sharpen the cutting edge of the Local Self Governance Act.

There is ample scope for making local governments more effective and functional event within the ambit of new legislation should the provisions be put into operation. The Local Self Governance Act and the Rules themselves have enshrined some crucial provisions that can lend impetus to the efficiency and effectiveness in the activities of the local government. However, local governments lack either proper infrastructure or preparedness to implement the provisions of the law.

DDCs have been given the widened scope and authority to assert as the legitimate and efficient local government since they have a major coordinating and controlling role especially in planning district development.

However, due to one or the other reasons, the capacity and authority of DDCs to influence, command and coordinate local development planning process have not fostered. They seem to be playing some ceremonial roles as usual from a narrowed and limited perspectives, not in a way to lend impression of the local government.

The internal organisation of DDS is ad hoc based and inept sustaining on the traditional bureaucratic lethargy while elected DDC officebearers perform the role of political actors. Moreover, Ilaka members seem not taking up their roles as envisaged in the local self governance act that can keep them engaged most of the time of the year. This is not being carried out.

The only elected official occupied with the functions and responsibilities in the DDC is seemingly the DDC president. However, the functions of DDCs Presidents in many districts are limited to attending functions or representing DDCs in agency sponsored Gosthis (seminars). A professional oriented DDC supported by hardworking and properly motivated personnel is the need of the day. But DDCs have to go a long way to establish themselves as the major institution of local governance considering the current snail paced progress.

The situation of VDCs is worse though there are several VDCs that have created exemplary precedents for others to emulate. While the performance of the VDCs in the remote and sub-Himalayan region is understandable, it is disconcerting to note that the VDCs even in the near and developing districts are yet to understand the provisions of the Local Self Governance Act. The only provision that has become operational is relating to the certification and recommendation.

Many VDCs have started to certify the relationship based on kinship that provides basis for authorities to decide about the disputes or other issues filed in the district administrative offices or the court of law. The Local Self Governance Act has endowed VDCs with regulatory power of greater import but they are yet to get operational value and realisation. VDCs are mandated to frame rules and bylaw within the limits prescribed by the law but very few VDCs seem to have grasped the significance of the responsibilities entrusted to them.

For small local matters they can frame bylaws in governing and regulating them.They should not wait for the orders and instructions of the central authorities and agencies. Acquiring capacity and demonstrating willingness to govern local affairs and providing appropriate responses to popular issues has been the essence of the local self governance. Institutions failing in upholding legal duty and articulating their own interests can not act in consonance with the spirit of the self governance.

Relevant

Attention should, therefore, be devoted to make the local government institutions capable to shoulder responsibilities and carry out the tasks befitting the spirit of local governance. Legal framework is not alone sufficient. The Local Self Governance Act should be exhaustively utilised to give more relevance and meaning to decentralisation process underway in the country.

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